Informal vs Formal Systems: A Sterile Debate

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Informal vs Formal Systems A Sterile Debate?

• Simon Osborn
• Executive Director,
• ERIS Africa

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A peaceful means to resolve differences?

• Elections are the means through which contestants
  can compete peacefully for the political control
  of scarce resources
• .but
• When two or more highly motivated sides compete
  against each other for, what is perceived to be,
  the total control of limited resources there is
  always the danger that competition can become
  violent

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Are Formal Systems Failing?

• Conflict, Offences Illegal Practice seems to
  continue unabated
• Number of Electoral Complaints grow
• Investigations are problematic
• Evidence necessary to convict difficult
• Very limited number of prosecutions
• Judicial inefficiency
• So Who Guards the Guardians?

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Formal Informal Systems

• Statutory
• State Actors
• Procedurally transparent
• Inflexible
• Biased
• Sustainable but not accessible (cost)

• Non statutory
• Non State Actors
• Voluntary rules
• Flexible
• Independent
• Lack of authority
• Unsustainable

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Mobilisation Enhancing Efficiency

• Education Training
• Empowerment Awareness
• Early Warning Systems
• Alternative Dispute Resolution

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Who are the Actors?

• Non Partisan Monitors Observers
• Political Parties
• The Media
• Human Rights Commissions
• Anti Corruption agencies
• Election Management Bodies Staff
• Police and Security Forces
• Judiciary

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The Education Training Onion
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Early Warning Systems

• Conflict Analysis Mapping
• Domestic Observers Monitors
• Religious Civic Associations
• EMB Complaint Desks Systems
• Inter Party Liaison Committees
• Peace or Conflict Resolution Committees
• Police Complaint Desks Security Committees

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Alternative Dispute Resolution Systems

• Mediation
• Inter Party Committees
• EMB/Civil Society Peace or Conflict Resolution
  Committees
• Arbitration
• Statutory bodies
• Trained civic institutions persons

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A Hierarchy of Election Offences
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Conflict Resolution Decision Tree
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Formal vs. Informal

• Enforceable and voluntary Codes of Conduct
• Role of the Election Management Body in the
  resolution of disputes and complaint management
• Registration tribunals
• Use of ADR by the Judiciary even in Election
  Petitions

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What are the desirable outcomes?

• Deterring would be offenders
• Ending Impunity
• Fairness efficiency in adjudication
• Protecting supporting victims
• Reducing over time the frequency of electoral
  conflict and dispute
• Establishing rational/legal processess
  strengthening the rule of law.

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Kangaroo Courts and Mob Justice?

• Standards of Evidence
• Protection of Victims
• Independence of Investigators
• Jurisdiction over disputes
• Transparency Procedures
• Natural Justice Defendants Rights
• Right of Appeal
• Proportionate Sanctions Enforcement